Abstract
In the current era of global globalization, there is not a single country in the world that can live alone. One issue that can disrupt relations between nations in the world is related to the protection of Intellectual Property Rights (IPR). This is due to the economic value of the use of IPR that can increase the country's competitiveness in international relations. Increasing IPR protection is a necessity to increase the creativity and productivity of the community, while at the same time increasing the trust of the international community which is ultimately expected to encourage the development of the national economy. One effort to improve IPR protection in Indonesia is to revitalize the fatwa of the Indonesian Ulema Council on IPR protection so that it can keep abreast of the times and can provide a deterrent effect to perpetrators of criminal acts of IPR violations, especially those who are Muslim. That is because his actions are contrary to Islamic law, so it is appropriate and should be sentenced both in the world and in the hereafter. The purpose of the preparation of this manuscript is to encourage changes to the MUI fatwa on IPR protection. This research is a normative legal research using the statutory and conceptual approach. The results of this study are the draft changes to the substance of the MUI fatwa on IPR Protection.
Highlights
The purpose of this study is to provide an overview of the importance of revitalizing the fatwa of the Indonesian Ulema Council on the protection of Intellectual Property Rights because it is substantially in accordance with sharia
The implication of this research is that there is a need to issue a new fatwa by the Indonesian Ulema Council related to the protection of Intellectual Property Rights that is in accordance with current needs and can anticipate future needs
In the first dictum several things are defined as follows21: 1. Definition of Intellectual Property (IC), namely; "Wealth that arises from the results of brain thinking that produces a product or process that is useful to humans and is recognized by the State based on applicable laws and regulations". 2
Summary
Elements that are objective are relatively easy to compare with a particular reference, while elements that are subjective are relatively difficult to find references. The definitions contained in the Indonesian Ulema Council Fatwa Number: 1 / MUNAS VII / MUI / 5/2005 concerning Protection of Intellectual Property Rights (IPR), which explicitly refer to certain statutory provisions have advantages in terms of integration between fatwa which is meant by positive law in Indonesia. Such thinking is unique in a law state that adheres to the European legal tradition of continental (civil law), where one of its characteristics is the codification of the law, namely the codification of the law for the protection of Intellectual Property Rights.
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